This bill amends South Dakota law regarding the eligibility for a suspended imposition of sentence, specifically targeting individuals convicted of certain rape offenses. The existing statute, 23A-27-13, allows courts to suspend the imposition of a sentence for first-time felony offenders under specific conditions. However, the bill introduces a new provision that explicitly prohibits any person convicted of, or who has pled guilty or nolo contendere to, rape under subdivisions 22-22-1(2) or (3) from being granted a suspended imposition of sentence.

Additionally, the bill clarifies that this prohibition does not apply to individuals adjudicated as juveniles or those tried as adults for the specified rape offenses. This legislative change aims to ensure that individuals convicted of serious sexual crimes do not have the opportunity for a suspended imposition of sentence, thereby reinforcing the seriousness of such offenses within the legal framework.

Statutes affected:
Introduced, 01/24/2025: 23A-27-13
House Judiciary Engrossed, 02/07/2025: 23A-27-13
Enrolled, 03/06/2025: 23A-27-13